Steven Avery of ‘Making a Murderer’ Files an Appeal

Steven Avery at a Manitowoc County courtroom in 2005 in Wisconsin. He is currently serving a life sentence without the possibility of parole.CreditCreditTim Swoboda/Associated Press

By Mike McPhate

Jan. 13, 2016

Steven Avery, the imprisoned Wisconsin man whose legal odyssey is depicted in the popular documentary series “Making a Murderer,” filed motions arguing that he was denied his right to a fair trial in the 2005 murder of a young woman.

In the motions, received on Monday by an appeals court in Madison, Wis., Mr. Avery accuses the authorities of using an improper warrant and says that a juror bullied other members of the panel into convicting him. He asks for his release on bond.

“Making a Murderer,” a 10-part series released last month by Netflix, portrays Mr. Avery’s conviction as the outcome of a flawed investigation into the killing of a photographer, Teresa Halbach, in Manitowoc County, Wis.

The documentary set off a groundswell of outrage over the convictions of both Mr. Avery and his nephew, Brendan Dassey, who was also accused of participating in the crime. It has also lifted the hopes of the men’s supporters that the renewed attention might help win their freedom.

In 2003, Mr. Avery was exonerated by DNA evidence after serving 18 years in prison for a rape. His arrest for the murder of Ms. Halbach came after he sued Manitowoc County officials for $36 million.

Mr. Avery’s motions take issue with how searches were conducted during the investigation, accusing officials of gathering evidence from properties beyond the scope of the warrant.

“Evidence seized or used at trial is clearly ‘fruit of the poisonous tree,’” Mr. Avery wrote.

He also claims that a juror, identified as “C.W.,” repeatedly asserted Mr. Avery’s guilt during the trial, and told other jurors, “If you can’t handle it, why don’t you tell them and just leave.”

Phone and email messages left with the former district attorney who handled the case, Ken Kratz, were not returned. Sheriff Robert Hermann of Manitowoc County was unavailable for comment.

Kathleen T. Zellner and Associates, a law firm based outside Chicago, said last week that it had taken over Mr. Avery’s legal representation with the assistance of Tricia Bushnell of the Midwest Innocence Project. The new motions, contained in a document that bears Mr. Avery’s signature and is rife with errant grammar and spelling, appeared to have been filed without the assistance of counsel.

Ms. Zellner, who specializes in wrongful convictions, said in a statement that her firm would examine every legal option, adding “we are confident Mr. Avery’s conviction will be vacated when we present the new evidence and results of our work to the appropriate court.”

Mr. Avery is serving a life sentence without the possibility of parole in Wisconsin’s Waupun Correctional Institution. Both he and Mr. Dassey have filed appeals that have been rejected all the way to the Wisconsin Supreme Court. Gov. Scott Walker, responding to pressure, indicated on Monday that he would not grant Mr. Avery a pardon.

Mr. Dassey is awaiting the decision of a federal judge on a petition filed in 2014 that seeks a review of his case to determine whether his imprisonment is lawful.